Delhi High Court
Dalip Kumar Sharma And Anr vs Union Of India And Ors on 6 April, 2023
Neutral Citation Number: 2023:DHC:2394-DB
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 06.04.2023
+ W.P.(C) 832/2017
DALIP KUMAR SHARMA AND ANR ..... Petitioners
Through: Ms.Saahila Lamba, Adv.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Ms.Arunima Dwivedi & Ms.Amrita
Prakash, CGSC with Mr.Aakash
Pathak & Ms.Pinky Pawar, Advs. for
UOI.
Mr. Hemendra Singh, Dy.
Commandant (Law) BSF
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
J U D G M E N T (oral)
1. Present petition has been filed seeking directions to the respondents to
grant nursing allowance to personnel holding post of Head Constable
(Nursing Assistant) in Border Security Force including petitioners with
effect from date other nursing staff in Border Security Force have been
granted Nursing Allowance.
2. Learned counsel for the respondents has informed this Court that the
issue raised in the present petition has already been decided by the Hon'ble
Supreme Court in Civil Appeal No.172/2023 decided on 16.01.2023 titled as
"The Union of India & Ors. vs. Rajib Khan & Ors." whereby observed as
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:10.04.2023
11:39
Neutral Citation Number: 2023:DHC:2394-DB
under:
"5. Applying the law laid down by this Court in the aforesaid decisions to
the facts of the case on hand the view taken by the High Court that the
educational qualification cannot be a ground for denial of Nursing
Allowance to the Nursing Assistants is unsustainable. In the present case
the respective Nursing Assistants are being paid „Hospital Patient Care
Allowance‟. The Nursing Assistants in the BSF neither have relevant
experience for appointment as Staff Nurse nor they possess any
educational qualification for appointment as Staff Nurse. Therefore, the
case of Nursing Assistants cannot be compared with that of the Staff
Nurses as both carry different educational qualification. Under the
circumstances, the High Court has committed a serious error in holding
and directing that the Nursing Assistants serving in the Assam Rifles/BSF
are entitled to Nursing Allowance at par with the Staff Nurses.
6. In view of the above and for the reason stated above present appeal
succeeds. The impugned judgment and order passed by the learned Single
Judge as well as the Division Bench of the High Court holding and
directing that the original writ petitioners - Nursing Assistants shall be
entitled to Nursing Allowance at par with the Staff Nurse is hereby
quashed and set aside."
3. Thus, counsel for the respondents submits that nothing survives in the
present petition.
4. Learned counsel appearing on behalf of the petitioners does not
dispute the submission of counsel for the respondents.
5. Accordingly, present petition is dismissed in view of the judgment of
Rajib Khan & Ors. (supra).
(SURESH KUMAR KAIT)
JUDGE
(MANMEET PRITAM SINGH ARORA)
JUDGE
APRIL 06, 2023/ab
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:10.04.2023
11:39
